We will make an effort to
provide you with the best customer service and user experience
possible (despite all the legal language below).
Please read these Terms of Service before using this Website or
ordering from Orange Gadgets. Your use of this Website confirms your
unconditional acceptance of the following Terms of Service. These
Terms of Service may be amended at any time and at Orange Gadgets sole discretion.
General Website Use
- Use of this Website
The design of this Website including
all text, graphics, content, trademarks and other material displayed
are protected by copyright and trademark laws. Any unauthorized use
of any such information or materials may violate copyright or
trademark laws and is strictly prohibited.
- User Information and Feedback
All other than personally
identifiable information (see our privacy
policy), suggestions, comments and questions, ideas, concepts,
technology, techniques, know-how, hardware and software that is
communicated to Orange Gadgets is considered non-confidential and
non-proprietary. Orange Gadgets is free to use and incorporate such
feedback in its products, without the payment of royalties or other
consideration to the Party who provided the information.
- Trademarks
Certain logos, names, trade and service marks
used or displayed on this Website are registered and/or unregistered
trademarks of Orange Gadgets and/or other Third Parties. Nothing
contained on this Website grants any right or license to use these
logos, names, trade and service marks without the written permission
of Orange Gadgets or their respective Third Party owners.
Ordering Products from this Website
- Purchased Products
Orange Gadgets warrants its
hardware products against defects in materials and workmanship under normal
use for a period of ninety days from the date of purchase. If a
hardware defect arises, Orange Gadgets will exchange the product with a
new, used or refurbished product that has at least the same
functionality as the original product, or issue you a refund, at
Orange Gadgets discretion. For all purchased products, it is your
responsibility to obey all applicable local, state,
federal and international laws in regard to the possession, use and
sale of any item purchased from this Website. By placing an order,
you acknowledge that you will use the products ordered in a lawful
manner and you acknowledge and agree to the terms of service of this Website.
- Shipping Liability Limitations
After an order is placed,
it will be
shipped to an address designated by the Purchaser. All purchases
from this Website are made pursuant to a shipment contract which
passes the risk of loss and title for items purchased from this Website
onto you upon delivery of the items to the carrier. You are
responsible for filing any claims with carriers for damaged and/or
lost shipments. You are responsible for paying any import duties and
taxes on your order.
- Returning Purchased Items
Orange Gadgets accepts returns
for any of its products within 14 calendar days from the date of
receipt of merchandise. After such time, all sales are considered
final. All products must be
packed in the original, unmarked packaging including any
accessories, manuals, documentation, serialnumbers and registration
that shipped
with the product. A 20% open box fee will be assessed on any opened
hardware or accessory. Returned goods need to be fully functional
and may not be in any way damaged or otherwise non-functional.
Returns can only be accepted after Orange Gadgets has issued you a
return merchandise authorization (RMA) number. All shipping costs
involved, from Orange Gadgets to the Purchaser and from the
Purchaser to Orange Gagdets, are the sole responsibility of the
Purchaser who is returning the goods. All financial transaction
costs and fees, including but not limited to PayPal transaction fees
and credit card charge back fees, on the original purchase and on
the refund amount are the sole responsibility of the Purchaser who
is returning the goods.
Note: Orange Gadgets recommends that you (1) use a
carrier that offers shipment tracking for all returns and (2) either
insure your package for safe return to Orange Gadgets and declare
the full value of the shipment so that you are completely protected
if the shipment is lost, damaged or stolen in transit. Orange Gadgets is not
responsible for lost, damaged or stolen packages. Please not that the United
States Postal Service (USPS) offers limited tracking capabilities
and that there is a 30-calendar day waiting period before the USPS
will initiate a trace.
Disclaimers
- Use of this Website
Your use of this Website is at your own
risk. The information, materials, products and services provided through
this Website are provided "as is" and shall not constitute any
express or implied warranty of any kind (except where explicitly
stated), including without limitation, any warranty of
merchantability, fitness for a particular purpose or
non-infringement of any patent, copyright or other third party
intellectual property right. No warranty is made, express or
implied, regarding the information's or products' accuracy,
completeness, or performance, unless explicitly
stated.
- Purchased Products
Orange Gadgets hereby expressly disclaims all
liability for product defect or failure and claims that are due to
normal wear, product misuse, abuse, product modification, improper
product selection, non-compliance with any codes, or
misappropriation.
- Limitations of Liability
Orange Gadgets assumes no
responsibility, nor will be held liable in the case of any damages
to your computer, phone, media player, or other desktop, handheld or
portable device by visiting this site or by using Orange Gadgets products.
Miscellaneous
- Choice of Law and Exclusive Venue
These Terms of Service
supersede any other agreement between you and Orange Gadgets to the
extent necessary to resolve any inconsistency or ambiguity between
them. These Terms of Service and any issues or disputes arising from
or relating in any way to the Terms of Service or its negotiation,
formation, subject, validity, interpretation, performance or
enforcement shall be solely and exclusively governed by and enforced
in accordance with the laws of the State of California, without
giving effect to the conflicts of laws provisions thereof. Provided
that a basis for federal subject matter jurisdiction exists, any
claim, action or proceeding arising from or relating in any way to
these Terms of Service or its negotiation, formation, subject,
validity, interpretation, performance or enforcement shall be
brought solely and exclusively in federal district court in the
Southern District of California, and the parties consent to that
exclusive and mandatory venue and to personal jurisdiction therein
and further agree that this provision shall provide the basis for
transfer or dismissal of any such claim, action or proceeding
brought in any other jurisdiction or venue. Alternatively, in the
absence of a basis for federal subject matter jurisdiction, any
claim, action or proceeding described in this paragraph shall be
brought solely and exclusively in the state courts of California
located in Orange County, California, and the parties consent to
that exclusive and mandatory venue and to personal jurisdiction
therein and further agree that this provision shall provide the
basis for transfer or dismissal of any such claim, action or
proceeding brought in any other jurisdiction or venue. User
waives all defenses of lack of personal jurisdiction and forum non
conveniens.